Damon Mcknight
Child marriage, also known as underage forced marriage, is a serious issue that affects the lives of young girls and boys worldwide. In Australia, the legal age of marriage is 18 years, and any marriage involving individuals under this age is considered void unless they have parental consent and court authorisation. While arranged marriage is legal in Australia, forced marriage, including underage forced marriage, is illegal. The Australian government has taken steps to address this issue by implementing laws and support services to protect individuals affected by forced marriage, both locally and abroad, as it is considered a form of modern slavery and human trafficking.
| Characteristics | Values |
|---|---|
| Definition of Child Marriage | Forced marriage and a form of modern slavery |
| Child Marriage Cases | 51% of forced marriage cases involved victims under the age of 18 years |
| Child Marriage Driven By | Gender inequality, harmful practices, migration |
| Legal Action | Imprisonment of up to 7 years, or 9 years for aggravated offences |
| Government Action | National Plan to End Violence against Women and Children (2022-2032), National Action Plan to Combat Human Trafficking and Slavery (2015-2019) |
| Reporting | Triple Zero (000), Australian Federal Police (AFP), My Blue Sky website |
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What You'll Learn
- Child marriage is illegal in Australia and is considered a form of modern slavery
- The Australian government has committed to ending child marriage and raising awareness of its harmful effects
- Under Australian law, children under 18 cannot give their permission to marry
- The Australian Federal Police can provide initial advice and support to victims of forced marriage
- Arranged marriage is legal in Australia, but it is illegal to force someone to marry
Child marriage is illegal in Australia and is considered a form of modern slavery
In 2019, the Australian Institute of Criminology estimated that there were between 1300 and 1900 victims of modern slavery in Australia, including victims of forced marriage. Child marriage is driven by gender inequality and the belief that women and girls are inferior to men and boys. Evidence suggests that child marriage in Australia is also driven by migration, with cases of Australian citizens or residents under 18 being forced into marriage overseas, with the expectation that they will sponsor their spouse to immigrate to Australia.
The Australian government has taken steps to address child marriage and forced marriage. The Commonwealth Criminal Code Act 1995 criminalises causing a person to enter a forced marriage and being a party to a forced marriage. The Australian Federal Police can provide initial advice and support to individuals at risk of forced marriage, including preventing them from being taken overseas. The government has also developed a forced marriage community pack, which provides information and resources on the topic.
In 2019, the UN Committee on the Rights of the Child recommended that Australia eliminate any exceptions to the minimum age of marriage of 18 years and strengthen measures to raise awareness of the harmful effects of child marriage. In October 2022, the government released the National Plan to End Violence against Women and Children (2022-2032), which includes aims such as advancing gender equality and harnessing technology to prevent violence.
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The Australian government has committed to ending child marriage and raising awareness of its harmful effects
Child marriage, defined by the Australian government as forced marriage, is illegal in Australia. The Australian government has committed to ending child marriage and raising awareness of its harmful effects. In 2019, the UN Committee on the Rights of the Child recommended that Australia eliminate any exceptions to the minimum marriageable age of 18 years and strengthen measures to raise awareness of the harmful effects of child marriage. The Australian government signed a charter to this effect at the London Girl Summit in July 2014, committing to end child marriage by 2020.
The Australian government's strategy to combat child marriage forms part of its broader approach to addressing serious forms of exploitation, including human trafficking, slavery, and other slavery-like practices such as servitude and forced labour. The Commonwealth Criminal Code Act 1995 (the Criminal Code) contains offences relating to forced marriage, making it illegal to cause or be a party to a forced marriage. The Australian government is working with state and territory governments to tackle the issue through a coordinated national approach, which includes developing a model to enhance civil protections and remedies for individuals in or at risk of forced marriage.
The Australian Federal Police (AFP) play a crucial role in preventing and addressing forced marriage. They provide initial advice and support to individuals in or at risk of forced marriage, including assistance to prevent individuals from being taken overseas for forced marriage. The AFP can also refer victims to safe accommodation, financial support, legal advice, and counselling. Additionally, the Australian Border Force leads the National Action Plan to Combat Human Trafficking and Slavery (2015-2019), which includes forced marriage as a key area of focus.
To further raise awareness and empower communities to take action, the Australian government has developed a forced marriage community pack in partnership with the National Roundtable on Human Trafficking and Slavery's Communication and Awareness Working Group. This pack provides information and resources on forced marriage and is available for download. The government has also released the National Plan to End Violence against Women and Children (2022-2032), which includes key aims such as advancing gender equality, harnessing technology for prevention, and elevating the voices of victim-survivors.
By implementing these measures, the Australian government demonstrates its commitment to ending child marriage and addressing the harmful effects of this practice on children and society as a whole.
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Under Australian law, children under 18 cannot give their permission to marry
Child marriage is illegal in Australia. The Australian government defines child marriage as forced marriage and a form of modern slavery. The Commonwealth Criminal Code Act 1995 (the Criminal Code) contains offences regarding forced marriage, making it illegal to cause or be a party to a forced marriage. Underage forced marriage, or forced child marriage, is when someone under the age of 18 is forced to marry.
The Australian government has taken steps to address the issue of child marriage and protect those at risk. The National Action Plan to Combat Human Trafficking and Slavery (2015-2019) included forced marriage as a key focus, with the Australian Border Force leading the response. The government has also released a forced marriage community pack, providing information and resources to help identify and prevent forced marriages. Additionally, the Australian Federal Police (AFP) offer initial advice, support, and safe accommodation to individuals affected by or at risk of forced marriage.
In 2019, the UN Committee on the Rights of the Child recommended that Australia eliminate any exceptions to the minimum age of marriage of 18 years and strengthen measures to raise awareness of the harmful effects of child marriage. The Australian government has committed to addressing these issues, as reflected in the National Plan to End Violence against Women and Children (2022-2032). This plan aims to advance gender equality, harness technology to prevent violence, and elevate the voices of victims and survivors.
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The Australian Federal Police can provide initial advice and support to victims of forced marriage
Child marriage is illegal in Australia and is considered a form of modern slavery and forced marriage. The Australian Federal Police (AFP) play a crucial role in addressing this issue and providing support to victims.
The AFP has taken significant steps to raise awareness about forced marriage through initiatives like Project Skywarp, a partnership with Anti-Slavery Australia. This project aims to increase awareness among the Australian community and provide information on where victims can seek help. The AFP's efforts have led to a rise in the number of referrals, with 91 reports of forced marriage across Australia in 2018/2019, a significant increase from previous years.
The AFP provides initial advice and support to victims of forced marriage, including those at risk of being taken overseas for this purpose. They can assist in ensuring individuals are not forcibly taken overseas and can refer victims to essential support services. This includes assistance with safe accommodation, financial support, legal advice, and counselling. Notably, the AFP will always act in the best interests of child victims, and individuals can contact the AFP anonymously if needed.
The AFP works closely with other organizations, such as the Australian Red Cross, to provide comprehensive support to victims. The Red Cross's Support for Trafficked People Program offers holistic support for up to 200 days, including financial assistance, access to health and accommodation services, and counselling.
The AFP's role in addressing forced marriage is integral to Australia's strategy to combat serious forms of exploitation, including human trafficking and slavery-like practices. By providing initial advice and support, the AFP helps protect vulnerable individuals and ensures they receive the assistance they need to recover and rebuild their lives.
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Arranged marriage is legal in Australia, but it is illegal to force someone to marry
Marriage in Australia is regulated by the federal government, which has the power to make laws regarding marriage under the constitution. Australian law recognises only monogamous marriages, including same-sex marriages, and does not recognise traditional Aboriginal marriages, polygamous marriages, or concubinage. The general age of marriage in Australia is 18 years, but 16 and 17-year-olds can marry with parental consent and court authorisation.
Arranged marriages, where family or community members play a leading role in introducing or choosing a spouse with both parties consenting, are legal in Australia. There is no citizenship or residency requirement for marriage in Australia, and casual visitors can marry as long as they employ a domestic marriage celebrant and meet other requirements.
However, forced marriage, where an individual is made to marry without their free and full consent, is illegal in Australia. It is a crime to cause or facilitate a forced marriage, and it is considered a form of modern slavery. The Australian government has developed resources and support services for individuals facing forced marriage, and the Australian Federal Police can provide initial advice and referrals for safe accommodation, financial support, legal advice, and counselling.
While there is limited data on child marriage specifically, the Australian government has recognised the issue and is taking steps to address it. In 2019, the UN Committee on the Rights of the Child recommended that Australia eliminate exceptions to the minimum marriage age of 18, and in 2022, the government released the National Plan to End Violence against Women and Children, which includes measures to prevent child marriage and protect victims.
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Frequently asked questions
Yes, child marriage is illegal in Australia. Under Australian law, children under 18 cannot give their permission to marry.
The general age of marriage in Australia is 18 years. However, in unusual and exceptional circumstances, a person aged 16 or 17 can marry with parental consent and authorisation by a court.
A forced marriage is when someone is forced to marry under the threat of violence or another form of coercion. This includes underage forced marriages, where a person under 18 is forced to marry.
The Australian government has implemented various measures to tackle child marriage, including:
- The National Action Plan to Combat Human Trafficking and Slavery (2015-2019), with the Australian Border Force taking the lead.
- The National Plan to End Violence against Women and Children (2022-2032), which aims to advance gender equality, harness technology for prevention, and elevate the voices of victim-survivors.
- Enhancing civil protections and remedies for individuals in or at risk of forced marriage through legislation like the Commonwealth Criminal Code Act 1995.
If there is an immediate danger, call 000. The Australian Federal Police (AFP) can provide initial advice and support services, including safe accommodation, financial assistance, legal advice, and counselling. You can also contact them anonymously via their website or helpline: 131 AFP (131 237).
